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Paul Maynard

Paul Maynard is an associate in the technology regulatory group in the London office. He focuses on advising clients on all aspects of UK and European privacy and cybersecurity law relating to complex and innovative technologies such as adtech, cloud computing and online platforms. He also advises clients on how to respond to law enforcement demands, particularly where such demands are made across borders.

Paul advises emerging and established companies in various sectors, including online retail, software and education technology. His practice covers advice on new legislative proposals, for example on e-privacy and cross-border law enforcement access to data; advice on existing but rapidly-changing rules, such the GDPR and cross-border data transfer rules; and on regulatory investigations in cases of alleged non-compliance, including in relation to online advertising and cybersecurity.

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On May 4, 2020, the European Data Protection Board (“EDPB”) updated its guidelines on consent under the GDPR.  An initial version of these guidelines was adopted by the Article 29 Working Party prior to the GDPR coming into effect, and was endorsed by the EDPB on May 25, 2018.
Continue Reading Updated EDPB Guidelines on Consent and Implications for Cookies

On February 12, 2020, the UK Home Office and Department for Digital, Culture, Media & Sport published the Government’s Initial Consultation Response (“Response”) to feedback received through a public consultation on its Online Harms White Paper (“OHWP”).  The OHWP, published in April 2019, proposed a comprehensive regulatory regime that would impose a “duty of care” on online services to moderate a wide spectrum of harmful content and activity on their services, including child sexual abuse material, terrorist content, hate crimes, and harassment.

While the Response does not indicate when the Government expects to introduce proposed legislation, it provides clearer direction on a number of aspects of the proposed regulatory framework set out in the OHWP, including:
Continue Reading UK Government Publishes Initial Consultation Response on the Online Harms White Paper

On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience.  In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on how to maximize the benefits of new technologies, to explore how data is used in shaping peoples’ online experiences. The Report sets out its findings and recommendations.
Continue Reading Centre for Data Ethics and Innovation Publishes Final Report on “Online Targeting”

On December 3, 2019, the EU’s new Commissioner for the Internal Market, Thierry Breton, suggested a change of approach to the proposed e-Privacy Regulation may be necessary.  At a meeting of the Telecoms Council, Breton indicated that the Commission would likely develop a new proposal, following the Council’s rejection of a compromise text on November 27.

The proposed Regulation is intended as a replacement to the existing e-Privacy Directive, which sets out specific rules for traditional telecoms companies, in particular requiring that they keep communications data confidential and free from interference (e.g., preventing wiretapping).  It also sets out rules that apply regardless of whether a company provides telecoms services, including restrictions on unsolicited direct marketing and on accessing or storing information on users’ devices (e.g., through the use of cookies and other tracking technologies).Continue Reading New E-Privacy Proposal on the Horizon?

On November 21, 2019, the European Commission’s Expert Group on Liability and New Technologies – New Technologies Formation (“NTF”) published its Report on Liability for Artificial Intelligence and other emerging technologies.  The Commission tasked the NTF with establishing the extent to which liability frameworks in the EU will continue to operate effectively in relation to emerging digital technologies (including artificial intelligence, the internet of things, and distributed ledger technologies).  This report presents the NTF’s findings and recommendations.
Continue Reading Commission Expert Group Report on Liability for Emerging Digital Technologies